THE RETURN DIRECTIVE FOR ILLEGALLY STAYING THIRD-COUNTRY NATIONALS

The Return Directive is expected to be one of the EU's most important tools to manage illegal migration by settling a minimum common to all the Member States that brings together the best national practices on return, ensuring the principles established by the Council of Europe on forced return. The directive succeeds in establishing a framework for the main issues related to return: legal definitions, voluntary return, procedural guarantees, detention before return, entry bans and human rights principles. The Directive has aroused much criticism because of the risks of breaching fundamental human rights in its application as happens now in the national practice. To change this situation, the enforcement of the Directive will be a major challenge for EU institutions and Member States which must ensure better and higher standards on return. This study points out the positive aspects of the Directive bearing in mind the present situation where there are 27 different national policies, most of which do not give rights to illegal immigrants, while at the same time it refers to some matters that should be improved in the future development of the Directive.